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February 16, 2009 NEWSLETTER
Doug Wojcieszak, Founder & Spokesperson
Contact phone/e-mail address: 618-559-8168; doug@sorryworks.net
THIS WEEK'S EDITION:
QUESTIONS FROM THE ROAD
SORRY WORKS! BOOK FOR DOCTORS' DAY (MARCH 30TH):
ARTICLE ON UNIVERSITY OF MICHIGAN DISCLOSURE PROGRAM
SORRY WORKS! AT CALIFORNIA ASSOCIATION FOR HEALTHCARE QUALITY MEETING - FREE SORRY WORKS! BOOK FOR FIRST 30 REGISTRANTS
QUESTIONS FROM THE ROAD
This week we continue our column of questions we received from Sorry Works! presentations. Last week Sorry Works! was in Tennessee speaking to a large long-term/retirement facility and also in California speaking to a large national healthcare concern. Here are three great questions we received:
Question #1:"When you have had your initial, empathetic disclosure including saying "I'm sorry this happened..." to the patient/family, taking care of immediate needs, and promising an investigation, do you think it's a good idea to send a follow up note or letter to the patient/family to document the conversation?"
Answer:Yes! Great question and great idea! It's good not only from the provider/hospital/insurer perspective, but when the patient/family receives that letter they will again think, "Wow, these folks are taking this situation seriously. They said they were sorry, promised me an invesigation, now here is this letter...I am looking forward to what they have to say next."
In states like Pennsylvania where the law requires written notification to the patient/family of an adverse event, we've been coaching providers, hospitals, and insurers to make the letter simply a follow up to the initial disclosure meeting.
Finally, this question really strikes to the heart of "What to put in the chart?" The truth, the whole truth, and nothing but the truth. Document the meeting, write down - without emotion or speculation - what was said, and what was promised to the patient/family, including next steps.
Question #2"If a family has legal counsel, they are suing our institution, and the relationship has deteriorated to just the lawyers are talking, could we - for example - still send a symapthy card or note on the anniversary of a patient's death?"
Answer:As long as it's properly worded so you note that even though the relationship has broken down, you - the providers - are still thinking about them - the family - we don't see a problem with this. However, when we say correctly worded, we mean it! Just sending a form letter or sympathy card would probably increase patient/family anger: "Instead of sending us this stupid card why don't they admit their fault and just pay us the money we need?!" However, if the letter or card is correctly and properly worded, it might help reduce anger felt by the patient/family which might reduce the urge to financially punish the providers and institution. If properly worded, what can the personal injury lawywer say bad about you? You still care? A parallel situation is a patient/family who sues a provider, but still sees them for a checkup or other healthcare issues. Hard for a personal injury lawyer to say Dr. Smith is a horrible provider if his/her client is still seeing Dr. Smith.
Bottomline is you need to judge each patient/family on a case by case basis and move forward accordingly. Question #3"What about the database concerns of providers?" Answer:This is a question we often receive, however, when the question was posed to us in California, we worked with the crowd to really think through the issue. First, under Sorry Works! providers will never be forced to settle a case where they did not make a mistake - no matter what it costs to defend. Furthermore, by working openly and honestly with patients and families and their legal counsel, the "shotgun" method of litigation where all providers on the chart are named is dramatically reduced - thus further reducing the chances innocent providers will be forced to settle a claim and be reported to the database. Yes, where there is a mistake a settlement will be offered quickly and negoitated, and when the compensation is paid the name(s) of the provider(s) will go to the database. However, any professional can make a mistake in their career and being named to the database is not the end of a career. Sorry Works! allows providers who have made mistakes - though they are named on the database - a better chance for closure, healing, and learning from the mistake, all of which will lessen the chaces of future mistakes.
SORRY WORKS! BOOKS FOR DOCTORS' DAY (MARCH 30TH)
Doctors' Day - March 30th - is fast approaching, and even in this tough economy you need to show appreciation to your hardworking doctors. The Sorry Works! Book priced at just $24.99 per copy makes the perfect gift, and bulk discounts for large orders are available.
Disclosure is one of the hottest and most important topics for providers. The Sorry Works! Book is the "how to" manual on disclosure, covering all the important topics including empathy vs. true apology, how to establish a disclosure program, apologizing to patients and families, and confronting the typical challenges faced when implementing disclosure. However, the book is just 103 pages, so it's a quick, easy read for even the busiest physician.
To order your copy today, visit this link: http://www.sorryworks.net/booksoon.phtml. For bullk order pricing, call 618-559-8168 or e-mail doug@sorryworks.net.
ARTICLE ON UNIVERSITY OF MICHIGAN DISCLOSURE PROGRAM
The leaders of the University of Michigan Disclosure Program penned an excellent and detailed article about their approach to disclosure (including details about their disclosure program) in the January 2009 Journal of Health & Life Science Law. The title of the article is, "A Better Approach to Medical Malpractice Claims? The University of Michigan Experience."
Devoted readers of this newsletter - as well as the Sorry Works! Book - know we have had a lot of nice things to say about UM over the years. Also, anyone who has heard Rick Boothman of UM speak can has heard a great speech by one of the pioneers of the disclosure movement. This article provides a real glimpse into the the UM program - it's almost like your reading one of Boothman's speeches. Must read!
SORRY WORKS! AT CALIFORNIA ASSOCIATION FOR QUALITY HEALTHCARE MEETING - FREE SORRY WORKS! BOOKS TO FIRST 30 REGISTRANTS!
Sorry Works! Founder Doug Wojcieszak will be speaking at the annual meeting of the California Association for Healthcare Quality on March 30, 2009. Wojcieszak will be speaking in the afternoon and then participating in a panel discussion afterwards. The first 30 registrants for the conference will receive a free copy of the Sorry Works! Book http://www.sorryworks.net/booksoon.phtml. The conference is sponsored by Peminic (www.pemenic.com) and folks interested in attending can contact the association by calling 800-230-3163.
If you are interested in having Sorry Works! speak at meeting or conference for your organization, call 618-559-8168 or e-mail doug@sorryworks.net. Thanks!
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